RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070006219 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Ms. Laverne V. Berry 

Member

Mr. Ronald D. Gant

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the military records of her father, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that the FSM earned award of the Purple Heart during the American Alaskan Campaign due to frostbite injuries and/or trench foot.  The applicant continues that the FSM was abandoned on the beach of the Aleutian Islands at the end of World War II (WW II) without provisions or shelter for 10-days in search of Japanese Soldiers.  The applicant adds that the FSM was rescued by the Coast Guard, treated for frostbite, and awarded the Purple Heart on the ship in "1945 or 1946."  

3.  The applicant provides copies of the FSM's WD AGO Form 52-55 (Enlisted Record and Report of Separation-Honorable Discharge), five personal letters, a letter from the Department of Veterans Affairs Office, St. Paul, Minnesota, a letter from a Staff Physician at the Veterans Medical Center, Minneapolis, Minnesota, and a letter from the National Personnel Records Center, St. Louis, Missouri in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The FSM's military record shows he was inducted into the United States Army on 5 May 1942.  The FSM's WD AGO Form 53-55 shows he held military occupational specialty (MOS) 238 (Telephone and Telegraph Lineman) at the time of separation.  This form also shows that the FSM was last assigned to Headquarters 1275th Engineering Combat Battalion.  Records further show the FSM served in the European Theater of Operations during the period 27 March 1945 through 26 July 1945, in the Asiatic-Pacific Theater of Operations during the period 11 September 1945 through 7 January 1946 and was honorably discharged on 1 February 1946.  

4.  The applicant's WD AGO Form 53-55 also shows the applicant completed 2 years, 10 months, and 15 days of continental service and 10 months and 12 days of foreign service.

5.  Item 31 (Military Qualifications and Dates (i.e., infantry, aviation and marksmanship badges, etc.) on the FSM's WD AGO Form 53-55 shows on 2 September 1944, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  Item 32 (Battles and Campaigns) on the FSM's WD AGO Form 53-55 shows the applicant participated in the Central Europe campaign.

7.  Item 33 (Decorations and Citations) on the FSM's WD AGO Form 
53-55 shows he was awarded the Army Good Conduct Medal.  

8.  The FSM's WD AGO 53-55 does not show he was awarded the Purple Heart.

9.  Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 
53-55 shows the entry "None."  

10.  There is no evidence in the available records which show the FSM sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  The FSM's daughter provided a letter, dated 24 October 2006, from the adopted son of the FSM.  The FSM's son's states that he can verify that the FSM, a Veteran of World War II (WW II) suffered paralyzing leg and foot cramps, athlete's foot, fungus of the nails and foot, excessive foot sweating and stinky feet.  The FSM's son continues that he is a medical professional and confirms that all of these symptoms are consistent with the FSM or anyone who survived prolonged exposure to severe cold.  

12.  The FSM's daughter provided a letter, dated 24 October 2006, from a family friend to the Department of Veterans Affairs.  The family friend stated that the FSM suffered with foot fungus and talked about the time he spent in the war.  The friend continued that the FSM stated that his feet had remained wet and frozen for weeks.  The family friend continues that she can only think that these conditions caused his chronic athlete's foot and thick fungal toe nails over the past sixty years.

13.  The FSM's daughter provided an undated response letter to the Department of Veteran Affairs, St. Paul Minnesota, in which she address the submission of additional information to substantiate her fathers claim for compensation for service connected injuries of trench foot, frozen feet, and a frozen shoulder which were incurred as a result of the war. 

14.  The FSM's daughter provided an undated letter from the VA Medical Center, Minneapolis, Minnesota, Staff Physician, at the Primary Care Clinic.  The Staff Physician signed a statement indicating that the FSM has a right frozen shoulder and dystrophic toenails.

15.  The FSM's daughter provided a letter, dated 13 February 2006, from the National Personnel Record Center, St. Louis, Missouri.  The letter states on 12 July 1973, a fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959, and the FSM's complete records cannot be reconstructed.  Further the letter shows the NPRC was unable to verify the FSM entitlement to award of the Purple Heart since military records could not be obtained that show the veteran was wounded in action.  

16.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Associated with the Office of the Surgeon General's opinion are excerpts from an Army historical document discussing award of the Purple Heart for frostbite injuries.  It makes clear numerous specific points including the following:  The term "element" (included from the beginning) meant weather.  The governing regulation and policy were not always the same.  Both policy and enforcement varied from time to time and place to place and were not consistently applied even in adjacent major European commands.  The regulation normally authorized the Purple Heart for frostbite while in combat and sometimes excluded the award for trench foot while in combat.  The Medical Department resisted administering a policy they could not control; in part, because initial diagnosis was very difficult yet the symptomatic development of individual conditions invited re-diagnosis; in part, because the ultimate degree of permanent disability had virtually nothing to do with the initial cause; in part, because training and enforcement of prevention rested with line commanders; and finally, because initial diagnosis, while extremely difficult, was almost always made by medical personnel who were intimately familiar with both the weather and the tactical situation, but rear echelon doctors tended to change the diagnoses for whatever reasons meet their needs. 

17.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An "element" pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.  There are no time limitations governing requests for award of the Purple Heart.

18.  A review of the FSM's records shows that the he is entitled to additional awards that are not shown on his WD AGO 53-55.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

20.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

21.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

22.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

23.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  Records show the applicant served during the period 5 May 1945 through 
1 February 1946.

24.  Paragraph 6-15b of Army Regulation 600-8-22 provides for award of the Honorable Service Lapel Button (World War II Victory Medal).  This lapel button was awarded for honorable Federal military service during the period 8 September 1939 through 31 December 1946.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM should be awarded the Purple Heart for frostbite injuries and/or trench foot suffered during World War II.

2.  Although the applicant provided several letters of support with this application, without corroborating military medical or service records which show that the FSM was wounded and treated for wounds sustained as a result of hostile action, the letters are insufficient evidence to grant the relief requested.

3.  Based on the foregoing, there is no basis to grant the applicant's request for award of the Purple Heart for the FSM in this case.



4.  Record shows the FSM served 2 years, 10 months, and 15 days of continental service which is a qualifying period service for award of the American Campaign Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  Record shows the FSM served during the period 5 May 1945 through 1 February 1946 which is a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  Record shows the FSM served during the period 15 September 1942 through 17 October 1945 which is a qualifying period of service for award of the Honorable Service Lapel Button (World War II).  Therefore, he is entitled to award of the Honorable Service Lapel Button (World War II) and correction of his records to show this award.

7.  Record shows the FSM served a qualifying period of service for award of the European-African-Middle Eastern Campaign Medal.  However, it does not show award of bronze service stars for participation in campaigns.  Records show the FSM participated in one campaign.  Therefore, he is entitled award of one bronze service star to be affixed to his European-African-Middle Eastern Campaign Medal.

8.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JEA___  __RDG___  _LVB____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the American Campaign Medal, Asiatic-Pacific Campaign Medal, one bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal, World War II Victory Medal, the Honorable Service Lapel Button (World War II) and the Marksman Marksmanship Qualification Badge with Rifle Bar.



_James E. Anderholm__
          CHAIRPERSON





INDEX

CASE ID
AR20070006219
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.